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I handled investor updates for a small fintech startup. The revenue numbers came from the founders and finance team, and I used them in emails and pitch calls without knowing they might be inaccurate. Last week I received a subpoena connected to an SEC and federal investigation into statements made to investors. The startup’s attorney says he represents the company, not me, so I need my own securities fraud lawyer before I respond. Where can I find someone who handles cases like this?
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People inside the company will probably keep sending you back to company counsel, so that route won’t get you independent representation. Since the subpoena came out of your work for the startup, there may also be insurance that applies. Contact the broker who handles the company’s directors and officers policy and ask whether it can provide separate counsel for you. Even if your position isn’t covered, the broker should know firms that regularly take SEC matters for individual employees.
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The part nobody at the startup can answer for you is why your name is in the subpoena and what investigators think you knew. Until that becomes clear, even a casual conversation with the SEC could take the case in a direction you didn’t expect. One place to find a securities fraud lawyer is here: https://arkadybukhlawfirm.com/practice-areas/criminal-defense-white-collar-crimes/investment-securities-fraud/ . Arrange a consultation while there is still time before the subpoena is due. The attorney can approach investigators on your behalf and work out where you stand before any response goes out.
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